Lock, Tobias (2013) Religious Freedom and Belief Discrimination in Germany and the United Kingdom. European Law Review, 38 (5). pp. 655-676. ISSN 0307-5400

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Abstract

This article compares how two closely related remedies, freedom of religion and the belief discrimination, are applied by domestic courts in the United Kingdom and Germany. It concludes that the current practice of the courts in these two countries differs considerably and questions why that is so given that the courts in both countries operate under essentially the same European legal framework determined by the ECHR and the EU law. It is suggested that decision‐making by domestic courts is still influenced by traditional domestic remedies and that domestic courts seem to find it difficult to adapt to new remedies. The article then gauges the potential for a common European approach, which, while theoretically possible, is unlikely to be triggered by either of the two European courts. This is because cases dealing with religion often touch on core constitutional values, which both courts usually respect.

Item Type:	Article
Keywords:	Religious Freedom; Belief Discrimination; Germany; United Kingdom;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	11838
Depositing User:	Tobias Lock
Date Deposited:	22 Nov 2019 16:41
Journal or Publication Title:	European Law Review
Publisher:	Sweet and Maxwell
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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